Constitutional Court Bans Emergency Contraceptive

In a decision that angered the Government, the Constitutional Court in a 5 to 4 vote declared unconstitutional the public distribution of the emergency contraceptive "morning after pill." The ruling comes after a group of 36 conservative right-wing members of the Lower House of Congress petitioned the Constitutional Court arguing the pill causes abortion.



The decision though awaited, it angered President Michelle Bachelet, women and pro-choice groups who demonstrated in anger Friday and the days before the release of the ruling.

The Constitutional Court ruled the emergency contraceptive "may cause an abortion" and that point of uncertainty the majority found it contravenes the right to life provision in the Chilean Constitution which enshrines life begins at the point of conception.

The claimants also wanted declare unconstitutional a series of birth control pills and IUDs claiming they also cause spontaneous abortion by denying conception from taking place. The Constitutional Court rejected these claims.

President Bachelet told reporters the ruling tears down the principle of equality in society because it creates inequality in women´s rights to control their reproductive life. Bachelet says the decision allows for the emergency contraceptive to be sold in pharmacies, but the public health system cannot freely distribute the emergency contraceptive to women who needed it.

The majority opinion in the country is to condemn the Constitutional Court ruling, the Minister of Health, Soledad Barria, says the risk for clandestine abortion is greater and a throw back to back alley abortions. The same opinion was given by reproductive medicine expertes.

Pro-choice groups and supporting politicians demanded the resignation of two Court members who did not declare a conflict of interest on a previous legal opinion written a couple of years back and the second of strict religious beliefs.

Raul Bertelsen a few years back in private practise wrote a legal opinion describing the emergency contraceptive abortive. Meanwhile, Mario Fernandez says he takes into account on issues of moral values the opinion of his Catholic Church Bishop before any other view.

Women and pro-choice organizations are calling on the Government to seek alternative options to distribute the emergency contraceptive, including selling the pill to low income women at a reduced cost.

The pill sells on pharmacies at about $7 thousand pesos, some 14 dollars. The minimum wage in Chile is about 300 dollars a month placing the emergency contraceptive outside the ability of low income Chileans to acquire the pill; explaining Government anger and initial decision to freely distribute the medication within the public health system.